Gooner26

Hi - Just a quickie regaridng the I485 & I765:

I am currently on a J1 visa and I recently married a US citizen in August, I am not subject to the 2 year residency requirement on my DS2019.

* Im not sure what letter to check on "Part 2" of the I-485 form, I think It may be "A", but that states you must have "an immigrant visa number that has been improved?"

* On I-765 - Q16 Im also unsure what letters and numbers to state in the Brackets? Being on a J1 i dont know whihc one applies to me!


Thanks very much!

Rete

It is "A". You are filing the I-130 with it and as a spouse of a USC you don't need an approved I-130 but can include it with the I-485. Leave the number area blank.

If you don't have an employment authorization document (card) then you are applying for the employment authorization document for the first time.

meauxna

It's important to read the whole thing; here's what you left out.

An immigrant petition giving me an immediately available immigrant visa number has been approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile, or special immigrant military visa petition filed with this application that will give you an immediately available visa number, if approved.)

I guess you have to know what all those terms mean to start with

Your Immediate Relative petition I-130 will give you an immediately available visa number if approved.

Gooner26

Thanks - Thats a great help!

On another issue - Will I need to file a I-131 Travel Permit to leave the country -

Were planning on going abroad for christmas but dont want to face any problems coming back through US Customs?

Thanks again!

Folinskyinla

Hi:

The I-131 is included in the filing fee. Be careful that you don't over 180 days of overstay [your J-1 admission may be for "D/S" which obviates that issue].

Yes, you can leave without advance parole. If you do so, you will considered to have abandoned your application and can't come back. So the I-131 will be needed only for the second half of your plan -- which you strangely did not ask about.

Gooner26

I dont understand the "second part of your plan" statement?

My Visa is J1 and is Duration of Stay (DS) until Jan 09.

Noorah101

The first part of your plan was leaving the USA. The second part of your plan is entering the USA, after your trip overseas.

Rene

deenz5

Im in the same situation as you with the travel out of the US on the J1 whilst filing for residency.

I dont know wether you should file for Advance parole or as Re-Entry becasue your status and residency papers are pending!

Let me know if you find out anything good!?!

meauxna

The travel document for Adjustment applicants is Advance Parole.
"Re Entry Permit" is for Permanent Residents.

Be sure to read each form's detailed instructions (sometimes a separate download).

Folinskyinla

Hi:

You asked about being able to leave the US. You do not need to advance parole to do that. The advance parole is only necessary to come back to the US. You did not ask about what was needed to return to the US.

BTW, "D/S" and "January 09" is contradictory. You are probably talking about your State Department form [I forget the number and still think of the obsolete IAP-66 -- part of the aging process]. But you look OK on that score.

Folinskyinla

As you say the "re-entry permit" is for lawful permanent residents. They let you back in. [In fact, the term "re-entry" is obsolete, but I don't want to get into the 12 year old term "admission" which replaced "entry" and driving everybody nuts. I have enough headaches as is.]

An "advance parole" is a weird beastie. If you leave while your adjustment is pending, you CANNOT be admitted to the US absent a valid H or L visa. However, what they WILL do is allow you to come to the airport, and then as a legal fiction, define the airport as the entire United States; but legally speaking, you are still in the airport as an "applicant for admission." Got that? Make sense?

A parolee ain't here; they just think they are. With married couples, I've been reliably informed that the US Citizen will engage in sexual relations while in the United States with their spouse who is not in the United States. Kind of erotic, eh?

Gooner26

To be honest, Ive no idea what all that means! Please pardon my ignorance.



Whats the simple answer to:

1) Is the "advance parole" on I-131 the box i should check given my situation

2) Will that allow me to re-enter the US after 10 days sitting on a beach abroad?

3) Theres no fee right?...its included with $1010 with the I-485

Again...apologies....!!

meauxna

C'mon, Gooner, on that one, he spelled it out for you!

read this please:

Simplicity? In immigration law? ROFL

Noorah101

1. Yes
2. Yes
3. Yes

Make sure you have your AP in hand before leaving the USA. You need to have the AP physically in hand before your departure date.

Rene

ian-mstm

1) Yes.
2) From your point of view, yes... from the government's POV, no.
3) Yes.

Ian